2007-108s:\our documents\ordinances\07\z07-0002.doc
ORDINANCE NO. o2OO7-~D6
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT
CLASSIFICATION TO A REGIONAL CENTER COMMERCIAL NEIGHBORHOOD (RCC-N)
ZONING DISTRICT CLASSIFICATION WITH OVERLAY CONDITIONS, THE AREA
PROPOSED FOR ZONING CHANGE ENCOMPASSING APPROXIMATELY 7.5972 ACRES
OF LAND LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF
CRAWFORD ROAD AND INTERSTATE 35 WEST, DESCRIBED AS A TRACT OF LAND
SITUATED IN THE ELIZANO PIZANO SURVEY, ABSTACT NO. 994, CITY OF DENTON,
DENTON COUNTY, TEXAS; SAID TRACT BEING ALL OF THAT CERTAIN TRACT OF
LAND DESCRIBED IN SPECIAL WARRANTY DEED WITH VENDOR'S LIEN TO I-35 AND
CRAWFORD ROAD PARTNERS, LTD. RECORDED IN VOLUME 4163, PAGE 268 OF THE
DEED RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY
AND AN EFFECTIVE DATE. (Z07-0002)
WHEREAS, Quorum Equities Group, LLC., has applied for a change in zoning for
approximately 7.5972 acres of land from a Neighborhood Residential Mixed Use (NRMU) zoning
district to a Regional Center Commercial-Neighborhood (RCC-N) zoning district classification and
use designation; and
WHEREAS, on April 11, 2007, the Planning and Zoning Commission recommended
approval of the requested change in zoning with an additional overlay district restricting the size of
any retail establishment to 25,000 square feet; and
WHEREAS, the City Council finds that the change is consistent with the Denton Plan
and the Development Code; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2 The zoning district classification and use designation is hereby changed from a
Neighborhood Residential Mixed Use (NRMU) zoning district to a Regional Center Commercial-
Neighborhood (NCC-N) zoning district classification and use designation with an overlay district,
for 7.5972 acres of land depicted on Exhibit "B", and more particularly described in Exhibit "A" (the
"Property"), attached hereto and incorporated herein by reference. The overlay district restricts the
size of any retail establishment, not including a hotel, to 25,000 square feet. Notwithstanding the
real property description, the property being rezoned includes all property to the centerline of all
adjacent street right-of--way.
SECTION 3. The City's official zoning map is amended to show the change in zoning
district classification.
SECTION 4. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions ofthis ordinance are severable.
SECTION 5. Any person violating any provision ofthis ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision ofthis ordinance is violated shall
constitute a separate and distinct offense.
SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed [o cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the ~J 7`day of ~ , 2007.
C -~!~
PERK R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:~
APPROVED AS TO LEGAL FORM:
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EXHIBIT A
CRAWFORD RETAIL CENTER LEGAL DESCRIPTION
DESCRIPTION, of a 7.5972 acre tract of land situated in the Elizano Pizano Survey, Abstract No.
994, City of Den[on, Denton County, Texas; said tract being all of that certain tract of land described
in Special Warranty Deed With Vendor's Lien to I-35 and Crawford Road Partners, Ltd. recorded in
Volume 4163, Page 268 of the Deed Records of Denton County, Texas; said 7.5972 acre tract being
more particularly described as follows:
BEGINNING, at a 5/8-inch iron rod with "Pogue Eng & Dev" cap set for corner at the intersection of
centerline of Crawford Road and the southeast right-of-way line of Interstate Highway 35-W (a
variable width right-of-way);
THENCE, along the said southeast line of Interstate Highway 35-W, the following three (3) calls:
North 01 degrees, 14 minutes, 10 seconds East, a distance of 19.93 feet to a concrete
monument found at an angle point;
North 16 degrees, 31 minutes, 38 seconds West, a distance of 71.50 feet to a 1/2-inch iron
rod found at an angle point;
North 30 degrees, 27 minutes, 35 seconds East, a distance of 645.49 feet to a broken
concrete monument found for corner; said point also being the southwest corner of that
certain tract of land described as Tract IV in Limited Warranty Deed to Petrus Investment,
L.P. recorded in Volume 4246, Page 574 of the said Deed Records;
THENCE, South 86 degrees, 46 minutes, 04 seconds East, departing the said southeast line of
Interstate Highway 35-W and along the south line of said Petrus Investment tract, a distance of
359.21 feet to a 6-inch metal fence post found for corner; said point also being the southeast corner
of said Petrus Investment tract;
THENCE, South 00 degrees, 37 minutes, 35 seconds West, departing the said south line of Petrus
Investment tract and along the east line of said I-35 and Crawford Road Partners tract, a distance of
458.89 feet to a 1/2-inch iron rod found for corner; said point also being the northeast corner of that
certain tract of land described in Warranty Deed to Mary Alice Moorman recorded in Volume 924,
Page 890 of the said Deed Records;
THENCE, North 88 degrees, 57 minutes, 53 seconds West, departing the said east line of I-35 and
Crawford Road Partners tract and along the north line of said Moorman tract, a distance of 92.56
feet to a 1/2-inch iron found for corner; said point also being the northwest corner of said Moorman
tract;
THENCE, South 01 degrees, 18 minutes, 12 seconds West, departing the said north line of
Moorman tract and along the west line of said Moorman tract, a distance of 175.00 feet to a "PK"
nail with shiner set for corner in the said centerline of Crawford Road; said point also being the
southwest corner of said Moorman tract;
THENCE, North 89 degrees, 14 minutes, 10 seconds West, departing the said west line of
Moorman tract and along the said centerline of Crawford Road and the south line of said I-35 and
Crawford Road Partners tract, a distance of 564.46 feet to the POINT OF BEGINNING:
CONTAINING, 330,934 square feet or 7.5972 acres of land, more or less
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EXHIBIT B
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